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Code · BILL · 113th Congress · S. 662 (Introduced in Senate) — To reauthorize trade facilitation and trade enforcement functions and activities, and for other purposes. · Sec. 111

Sec. 111. Authorization of appropriations

915 words·~4 min read·/bill/113/s/662/is/section-111

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Section 301 of the Customs Procedural Reform and Simplification Act of 1978 ( 19 U.S.C. 2075 ) is amended— by redesignating subsection
(h)as subsection (i); and by striking subsections
(a)through
(g)and inserting the following: For fiscal year 2014 and each fiscal year thereafter, there are authorized to be appropriated to the Department of Homeland Security for the U.S. Customs and Border Protection Agency only such sums as may hereafter be authorized by law. The authorization of appropriations for the U.S. Customs and Border Protection Agency for fiscal year 2014 and each fiscal year thereafter shall specify— the amount authorized for the fiscal year for the salaries and expenses of the Agency in conducting commercial operations (as described in section 1(c)(2) of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 )); and the amount authorized for the fiscal year for the salaries and expenses of the Agency for noncommercial operations. There are authorized to be appropriated for the salaries and expenses of the U.S. Customs and Border Protection Agency that are incurred in commercial operations such sums as are necessary for fiscal years 2014 through 2018. The monies authorized to be appropriated pursuant to subsection
(b)for any fiscal year, except for such sums as may be necessary for the salaries and expenses of the U.S. Customs and Border Protection Agency that are incurred in connection with the processing of merchandise that is exempt from the fees imposed pursuant to paragraphs
(9)and
(10)of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a) ), shall be appropriated from the Customs User Fee Account. No part of the funds appropriated pursuant to subsection
(a)for any fiscal year may be used to provide less time for the collection of estimated duties than the 10-day deferment procedure in effect on January 1, 1981. No part of the funds appropriated pursuant to subsection
(a)for any fiscal year may be used for administrative expenses to pay any employee of the U.S. Customs and Border Protection Agency overtime pay in an amount exceeding $35,000 unless the Secretary of Homeland Security, or the designee of the Secretary, determines on an individual basis that payment of overtime pay to such employee in an amount exceeding $35,000 is necessary for national security purposes, to prevent excessive costs, or to meet emergency requirements of the Agency. For fiscal year 2014 and each fiscal year thereafter, there are authorized to be appropriated to the Department of Homeland Security for salaries of the U.S. Customs and Border Protection Agency such additional sums as may be provided by law to reflect pay rate changes made in accordance with subchapter I of chapter 53 of title 5, United States Code. If savings in salaries and expenses result from the consolidation of administrative functions within the U.S. Customs and Border Protection Agency, the Commissioner of U.S. Customs and Border Protection shall apply the savings, to the extent the savings are not needed to meet emergency requirements of the Agency, to strengthening the commercial operations of the Agency. The Commissioner of U.S. Customs and Border Protection shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives at least 180 days prior to taking any action that would— result in any significant reduction in force of employees of the U.S. Customs and Border Protection Agency other than by means of attrition; result in any significant reduction in hours of operation or services rendered at any office of the Agency or any United States port of entry; eliminate or relocate any office of the Agency; eliminate any United States port of entry; or significantly reduce the number of employees assigned to any office or any function of the Agency. . Subsection
(i)of section 301 of the Customs Procedural Reform and Simplification Act of 1978, as redesignated by subsection (a), is amended by striking Resource Allocation Model each place it appears in the text and in the heading and inserting Resource Optimization Model . Subsection
(c)of section 5 of the Act of February 13, 1911 (36 Stat. 901, chapter 46; 19 U.S.C. 267 ), is amended to read as follows: The aggregate of overtime pay under subsection
(a)(including commuting compensation under subsection (a)(2)(B)) and premium pay under subsection
(b)that an employee of the U.S. Customs and Border Protection Agency may be paid in any fiscal year may not exceed $35,000 unless the Secretary of Homeland Security, or the designee of the Secretary, determines on an individual basis that payment of overtime pay to such employee in an amount exceeding $35,000 is necessary for national security purposes, to prevent excessive costs, or to meet emergency requirements of the Agency. An employee of the Agency who receives overtime pay under subsection (a), or premium pay under subsection
(b)for time worked, may not receive pay or other compensation for that work under any other provision of law. . Section 8331(3)(G) of title 5, United States Code, is amended— by striking a customs officer and all that follows through 1911) and inserting an employee of the U.S. Customs and Border Protection Agency ; by striking subsection
(a)of such section 5 and inserting subsection
(c)of section 5 of the Act of February 13, 1911 (36 Stat. 901, chapter 46; ; and 19 U.S.C. 267 ) by striking customs officers and inserting such employees .
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